Protecting Individuals with Down Syndrome Act
Sponsored By: Senator Daines, Steve [R-MT]
Introduced
Summary
Prohibits abortions carried out because a prenatal test or diagnosis indicates Down syndrome. The bill makes performing such abortions a federal offense and also creates new civil causes of action while shielding the pregnant woman from prosecution or civil liability.
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Bill Overview
Analyzed Economic Effects
4 provisions identified: 0 benefits, 3 costs, 1 mixed.
Ban on Down syndrome abortions
If enacted, the bill would bar abortions sought because a test or prenatal diagnosis indicates the unborn child has or may have Down syndrome. Providers would have to ask whether the woman knows of such results and, if she does, tell her about the ban. The bill would also bar coercion, soliciting or accepting funds for such abortions, and knowingly transporting a woman across state lines to obtain one. The law would define 'abortion' and 'unborn child' (from fertilization) and narrow medical exceptions for live birth or the pregnant woman's life.
Criminal penalties and reporting duties
If enacted, people who perform or try to perform an abortion covered by the ban could face federal fines and up to 5 years in prison. Doctors, nurses, physician assistants, counselors, and similar health workers would have to report known or suspected violations to law enforcement. Failing to report could bring a fine or up to 1 year in jail.
Civil lawsuits and privacy protections
If enacted, certain people could sue over abortions done in violation of the ban. The pregnant woman could sue, and in some cases the father or a maternal grandparent could sue too. Relief could include money for physical and psychological injuries, punitive damages, injunctions to stop further abortions, and lawyers' fees. Courts would protect a woman's anonymity if she does not consent, but would not hide names from defendants or their lawyers. Federal courts would be told to speed these cases.
Violation considered disability discrimination
If enacted, a violation of the ban would be treated as disability discrimination under Section 504 of the Rehabilitation Act. That could expose recipients of federal funds, including some health providers and institutions, to enforcement actions and possible loss of federal funding.
Sponsors & CoSponsors
Sponsor
Daines, Steve [R-MT]
MT • R
Cosponsors
Sen. Lankford, James [R-OK]
OK • R
Sponsored 1/23/2025
Sen. Risch, James E. [R-ID]
ID • R
Sponsored 1/23/2025
Sen. Cramer, Kevin [R-ND]
ND • R
Sponsored 1/23/2025
Sen. Budd, Ted [R-NC]
NC • R
Sponsored 1/23/2025
Sen. Banks, Jim [R-IN]
IN • R
Sponsored 1/23/2025
John Boozman
AR • R
Sponsored 1/23/2025
Cindy Hyde-Smith
MS • R
Sponsored 1/23/2025
Katie Britt
AL • R
Sponsored 1/23/2025
Sen. Hawley, Josh [R-MO]
MO • R
Sponsored 1/23/2025
Sen. Sheehy, Tim [R-MT]
MT • R
Sponsored 1/23/2025
Roger Wicker
MS • R
Sponsored 1/29/2025
Sen. Ricketts, Pete [R-NE]
NE • R
Sponsored 6/3/2025
Sen. Barrasso, John [R-WY]
WY • R
Sponsored 3/12/2026
Roll Call Votes
No roll call votes available for this bill.
View on Congress.gov